Our Lady of Lourdes (Binghamton)

If you have an injury or health condition requiring medical attention, you expect that that you will be diagnosed and treated according to the accepted professional standards. Unfortunately, doctors and nurses do err sometimes, and they may seriously injure or even kill a patient. However, not all errors constitute medical malpractice. It is critical to consult an experienced attorney who can consult with a knowledgeable and credible expert about whether medical malpractice at a large hospital such as Our Lady of Lourdes in Binghamton caused your injuries. If you believe you may have been injured due to professional negligence, you should consult the experienced and tenacious Binghamton medical malpractice lawyers at DeFrancisco & Falgiatano.

In order to recover damages for medical malpractice you need to prove it's more likely than not: (1) the health care provider owed you a professional standard of care, (2) breach of the professional standard of care, (3) causation, and (4) actual damages. The professional standard of care is made up of the accepted medical community standards and practices. For example, if you presented with certain symptoms and your health care provider failed to run certain tests on your urinary tract to conduct a proper differential diagnosis, and a result the urologist failed to diagnose you with cancer, which then progressed such that it became treatment resistant, a jury may find that there was medical malpractice. A knowledgeable medical malpractice attorney serving Binghamton can evaluate the facts of your case to determine whether you can meet these elements.

Other potential breaches in the professional standard of care at a hospital like Our Lady of Lourdes in Binghamton can include failing to take a full patient history, failing to list a possible diagnosis in a differential diagnosis, failing to test diagnoses listed in a differential diagnosis, misinterpreting imaging or lab results, or surgical errors. It can also be medical malpractice to fail to get informed consent for a procedure.

A lack of informed consent lawsuit requires you to establish: (1) a health care provider failed to disclose alternatives and risks to a procedure that a reasonable health care provider would have disclosed and (2) a reasonable person under your circumstances would have chosen not to go through a treatment or procedure if the disclosure had occurred, and (3) the risk that wasn't disclosed happened.

A skilled Binghamton medical malpractice lawyer can help you through the process of hiring a credible expert in a medical malpractice lawsuit against a facility such as Our Lady of Lourdes. The expert will review medical records and other information to determine what the professional standard of care was under the circumstances and whether it was breached. The expert will also have to provide an opinion about whether the breach caused your injuries. Sometimes doctors argue that the injuries are not the result of the breach but would have occurred regardless of the doctor's actions. Often defendants file motions for summary judgment to get the case dismissed early on and without trial. In such a motion, the defendant may argue that you didn't show a breach of the professional standard of care or that you didn't establish that a breach caused your injuries.

Hospitals can be held responsible for a doctor's malpractice if the doctor is employed by the hospital. Often hospitals employ independent contractors, and in that case the hospital usually will not be responsible for the independent contractor's negligence. However, there are circumstances under which the hospital may be held liable for a doctor's medical malpractice under the doctrine of apparent agency.

If a loved one is killed as a result of a doctor's or hospital's medical malpractice, you may be able to pursue damages in a wrongful death lawsuit. The circumstances must be such that the decedent could have pursued damages in a personal injury lawsuit in court had the decedent been alive. In New York, the designated representative of the decedent's estate must bring the wrongful death lawsuit against the health care provider or hospital that caused the financial damages incurred by dependent members of the decedent's family.

Our Lady of Lourdes Hospital is a community hospital in Binghamton, New York. It has 197 beds. In 2018, it was ranked as the 21st best hospital in New York under the U.S. News Best Hospitals specialty rankings. If you were injured as a result of medical malpractice at a large hospital, we may be able to help you recover damages from the responsible parties. DeFrancisco & Falgiatano represents injured patients or the families of loved ones lost to wrongful death as a result of medical malpractice in Syracuse, Rochester, Binghamton, Elmira, Norwich, Cortland, Auburn, Delhi, Watertown, Lowville, Herkimer, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, and Lyons. Call us at 833-200-2000 or contact us via our online form.